HomeMy WebLinkAbout02.01 Deed of Easement06/24/97 12:25 ^0970 945 9769
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LARRY GREEN
DEED OF EASEMENT
-»-> LEVITT Z002
This Deed of Easement is made this /9*4 day of Pt teortii,•, 1997, by and between
THOMAS W. LEVITT AND MOLLY G. LEVITT (hereinafter Grantors) and WHITECLOUD
RIDGE HOMEOWNERS ASSOCIATION (hereinafter Association).
RECITALS
1. Grantors are the owners and developers of Whitecloud Ridge Subdivision (hereinafter
Whitecloud Ridge) in Garfield County, Colorado, as described on the Final Plat thereof recorded in
the records of the Garfield County Clerk and Recorder on 194o ti* r a Zetans Reception No. _
51-705-S" .
2. Grantors make the within grant of easement with the intention of conveying to the
Association, for the use and benefit of the owners of all Tots within Whitecloud Ridge (hereinafter
Members of the Association) a perpetual, non-exclusive easement for access and utility purposes
upon the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the sum of ten dollars and other good and
valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged,
Grantors do hereby grant to the Association, for the use and benefit of the Members of the
Association, its successors and assigns, a perpetual, non-exclusive easement for roadway and utility
purposes on, along, over and across the premises described in the following documents heretofore
recorded in the office of the Clerk and Recorder of Garfield County, Colorado (hereinafter
collectively the Description Documents):
1. Quitclaim Deed dated October 2, 1995 and recorded October 2, 1995 as Reception
No. 483820 at Book 954, Page 709;
2. Quitclaim Deed dated October 2, 1995 and recorded October 2, 1995 as Reception
No. 483821 at Book 954, Page 710;
3. Deed of Easement dated December 12, 1995 and recorded December 26, 1995 as
Reception No. 486912 at Book 962, Page 257; and
4. Deed of Easement dated December 21, 1995 and recorded December 26, 1995 as
Reception No. 486916 at Book 962, Page 280.
The purpose and scope of the easement herein granted are:
Lawrence R. Green
P.O. Drawer 790
Glenwood Springs, CO 8160P1i
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LARRY GREEN
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4-3.1 LEVITT U003
Purposes of Easement. The easement granted hereby is for the purposes of the construction,
installation, use and maintenance of an ingress/egress roadway and the installation, use and
maintenance of underground utility lines to Whitecloud Ridge.
Scope of Easement. The easement granted hereby is appurtenant to Whitecloud Ridge and
said easement may be utilized as the primary roadway and utility access to Whitecloud Ridge by the
Grantors, the Association, and the Members of the Association, their guests, invitees and licensees.
Whitecloud Ridge has been approved for a total of thirteen (13) lots and fifteen (15) single family
dwellings (including guest houses), and it is the intention of the Grantors that the easement granted
hereby shall not provide access to more than fifteen (15) single family dwellings within Whitecloud
Ridge.
THE WITHIN GRANT IS SUBJECT TO all limitations and obligations set forth in the
Description Documents, and is also SUBJECT TO all applicable terms, conditions and covenants with
respect to maintenance and repair of the easement and roadways constructed thereon set forth in the
Memorandum of Agreement recorded in the records of the Garfield County Clerk and Recorder on
January 18, 1996 as Reception No. 487787 and as set forth in Road Maintenance Agreement dated
June 6, 1996 which is attached hereto as Exhibit A and incorporated herein by this reference, as the
same may be amended from time to time (hereinafter collectively the Maintenance Documents).
RESERVING FOREVER, to the Grantors, their heirs, successors, and assigns, all of
Grantors' interest in the rights conveyed to them in the Description Documents not conveyed hereby,
and the right to make further grant of the rights set forth in the Description Documents, so long as
such grant is made subject to all limitations and obligations set forth in the Description Documents
and to the applicable terms, conditions and covenants contained in the Maintenance Documents.
This Deed of Easement and all rights and obligations set forth herein shall be binding upon
and inure to the benefit of the parties hereto, their respective heirs, personal representatives,
successors and assigns, and shall be deemed to be a burden and benefit running with Whitecloud
Ridge.
In the event that any party hereto retains an attorney for the purpose of enforcing any right
or duty arising out of this Deed of Easement, the non -prevailing party in such dispute shall pay the
prevailing party the latter's reasonable attorney's fees, whether or not litigation is actually instituted.
TO HAVE AND HOLD THE SAME, together with all and singular the appurtenances and
privileges thereunto belonging, or anywise thereunto appertaining, and, subject to the foregoing
reservation, all the estate, right, title, interest and claim whatsoever of the said Grantors, whether in
law or equity, in and to the easement hereby granted to the only proper use, benefit and behoof of the
said Association, its successors and assigns.
Deed of Easement
Levitt/Whitecloud Ridge Homeowners Association
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LARRY GREEN
44 LEVITT al 004
IN WITNESS WHEREOF, Grantors have executed the within Deed of Easement this if
day of Peccvitier1997-
STATE OF
COUNTY 0
t216lt )
L- )ss.
Thomas W. Levitt
jSTS
The foing instrument was acknowledged before me this ( I day o SA 1997,
by Thomas evitt.
WITNESS m hand and official seal.
CAROL RAKOSRI
Notary Public -Notary Seal
STATE OF MISSOURI
Jackson County
My Commission Expires: Jun,. 5, 1933
y commission expires: III LQ-ttiA__, 1 ( 1 2
Address: h U1 #V `( . T
ss.
STATE OF
COUNTY 0
.1
The fo'r'_oing instrument was acknowledged before me this ].day o 1997,
by Molly G. Levitt.
Deed of Easement
Levitt/whitecloud Ridge Homeowners Association
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CANOURAIKOSKI
Notary e -Kato" gisof
STASSOPMtasaild
Centhigomc kitgi : )106 tS, r444
LARRY GREEN
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My commission expires:
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ACCEPTANCE, ASSUMPTION AND INDEMNIFICATION BY ASSOCIATION
Z005
By its acceptance and recording of the foregoing Deed of Easement, and in consideration
thereof and as an inducement to Grantors' execution and delivery of said Deed of Easement, the.
Association, for itself and its Members, and its successors and assigns forever, hereby accepts said
Deed of Easement and hereby joins in, consents to, assumes and agrees to be bound by and to fully
and faithfully perform each and every term, condition, covenant, obligation and/or restriction
contained therein and in the Description Documents and the Maintenance Documents.
Furthermore, the Association, for itself and its Members, and its successors and assigns
forever, hereby agrees to fully and forever indemnify, defend, save and hold harmless Grantors from
and against any and all losses, damages, liabilities, claims or demands for personal injury, property
damage or any other form of loss or damage (including reasonable attorney's fees incurred as a result
thereof) arising from or incurred in anyway in connection with the use or occupancy by the
Association of the easement granted by the within Deed of Easement.
Signed this / 9 day of Pe raa ke, 1997.
WHITECLOUD RIDGE HOMEOWNERS
ASSOCIATION
BY: �
Thomas W. Levitt, President
Deed of Easement
LevittlWhiteoloud Ridge Homeowners Association
Page 4
1
06/24/97 12:28 ^Ca970 945 9769
STATE OFJ)
COUNTY OF
The fo
by Thomas
cI-OC c
) ss.
}
LARRY GREEN
LEV'ITT RI 006
91-
oing in rument was acknowledged before me this/ 7 day
evitt, President of Whitecloud Ridge Homeowners Association.
CAROL RAKOS
Notary Public — Notary Seal
STATE OF MISSOURI
Jackson Canty
My Commission Expi; ts: Juntr 7
ananofficial seal.
My commission expires:
Address://
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Igllcvittldcedease.1741June 24, 1997
N
TARY PUBLIC
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Deed of Easement
Levitt/Whitecloud Ridge Homeowners Association
Page 5
1997,
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Exhibit A
ROAD MAINTENANCE AGREEMENT
THISAGREFNT entered into this b tI, day of June, 1996, by and between HARMONY
VIEW HOMEOWNERS ASSOCIATION; PINION GROVE HOMEOWNERS
ASSOCIATION; JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION; and LEVITT
SUBDIVISION HOMEOWNERS ASSOCIATION.
RECITALS
1. Harmony View Subdivision is a subdivision located prima_ily in Eagle County and
partially in Garfield County, Colorado, consisting of seven (7) lots, six (6) of which utilize a road
known as Harmony Lane for access. The owners of each of the six lots within Harmony View
Subdivision that utilize Harmony Lane as access are members of the Harmony View Homeowners
Association.
2. Pinion Grove Exemption is a subdivision located in Garfield County, Colorado,
consisting of four (4) Lots. The owners of the 4 lots within Pinion Grove Exemption constitute the
members of the Pinion Grove Homeowners Association.
3. Joseph's Meadows Subdivision is a subdivision exemption located in Garfield County,
Colorado, consisting of three (3) lots. The owners of the 3 lots within Joseph's Meadows Subdivision
exemption constitute the members of the Joseph's Meadows Homeowners Association.
4. Levitt Subdivision is a proposed subdivision located in Garfield County, Colorado,
Subdivision, proposed to consist of thirteen (13) lots. The owners of the 13 lots within Levitt
Subdivision will constitute the members of the Levitt Subdivision Homeowners Association.
5. The owners of the twenty six (26) lots referenced in paragraphs 1 through 4, inclusive,
above, each use portions of Harmony Lane for access to their respective properties, all as more fully
set forth hereinbelow.
6. The parties hereto have reached the following agreement with respect to sharing the
costs of the future repair and maintenance of Harmony Lane and wish to memorialize said agreement
in writing.
NOW, THEREFORE, in consideration of the keeping and performance of the mutual promises
and covenants set forth herein, the parties hereto agree as follows:
1. Harmony Lane. Harmony Lane is hereby defined as that certain existing roadway
located just westerly of the Eagle County/Garfield County line, from its intersection with Fender Lane
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(County Road 102) southerly to its intersection with Wind River Road. For purposes of this
Agreement, Harmony Lane shall be further divided into three sections, defined as follows:
a. North Section shall mean that portion of Harmony Lane of approximately
911 feet in length from the intersection of Harmony Lane and Fender Lane to the
intersection of Harmony Lane and the northerly entrance into Harmony View Subdivision;
b. Center Section shall mean that section of Harmony Lane of approximately
512- feet in length from the intersection of Harmony Lane and the northerly entrance into
Harmony View Subdivision to the intersection of Harmony Lane and the southerly entrance
into Harmony View Subdivision, which is the same point as the entrance into Joseph's
Meadows Subdivision;
c. South Section shall mean the section of Harmony Lane of approximately
6 ?6 -feet in length from the intersection of Harmony Lane and the southerly entrance into
Harmony View Subdivision and Joseph's Meadows Subdivision to the intersection of
Harmony Lane and Wind River Road.
2. Use of Harmony Lane and Sharing of Repair and Maintenance Costs. The
parties wish to share the ongoing and future repair and maintenance costs of Harmony Lane on a
prorata basis, determined according to the number of users of each section of Harmony Lane. The
parties therefore agree that the sections of Harmony Lane are used as stated below, and that costs
of repair and maintenance of each section of Harmony Lane shall be shared as follows:
a. North Section is used by 26 lots, consisting of 6 lots in Harmony View
Subdivision, 3 lots in Joseph's Meadows Subdivision, 4 lots in Pinion Grove Exemption, and
13 lots in Levitt Subdivision. The cost of ongoing and future repair and maintenance of the
North Section will be divided into 26 equal parts and each lot using the North Section will
be allocated 1/26th of said cost.
b. Center Section is used by 24 lots, consisting of 4 lots in Harmony View
Subdivision, 3 lots in Joseph's Meadows Subdivision, 41ots in Pinion Grove Exemption, and
13 lots in Levitt Subdivision. The cost of fixture repair and maintenance of the Center Section
will be divided into 24 equal parts and each lot using the Center Section will be allocated
1/24th of said cost.
c. South Section is used by 17 lots, consisting of 4 lots in Pinion Grove
Exemption, and 13 lots in Levitt Subdivision. The cost of repair and maintenance of the
South Section will be divided into 17 equal parts and each lot using the South Section will
be allocated 1117th of said cost.
6/6/96 Draft
• <
Road Maintenance Agreement
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3. Method of Payment of Road Maintenance Costs.
a. Obligation of Homeowners Association. The obligation to pay the
proportionate share of the Harmony Lane repair and maintenance costs, as allocated above,
shall be the responsibility of and shall be paid by the Homeowners Association for each
affected subdivision. The sums due from each Homeowners Association shall be determined
by the number of lots whose owners are members of each such association who use the
various sections of Harmony Lane as specified herein. It is anticipated that such Homeowners
Association shall assess each lot whose owners are members of such Association such lot's
allocated share, provided, however, that the precise manner in which each Homeowners
Association collects the monies from the individual Iot owners shall be in accordance with the
applicable internal documents and procedures of each Homeowners Association.
b. Manner of Assessment. Prior to May 31 during each year of the term of this
Agreement, the Presidents, or such other representatives as may be designated in writing, of
each Homeowners Association which is a party hereto, shall meet and confer with respect to
items of routine repair and maintenance of Harmony Lane which may be expected during the
succeeding twelve (12) months. Upon the unanimous agreement of such representatives, each
Homeowners Association shall, within twenty (20) days, pay to a joint road maintenance fund
the total amount due from each such Association, which shall be equal in amount to the
cumulative amount allocated in accordance witih this Agreement to the lots whose owners
are members of such Association. Upon reaching such agreement, the representatives shall
designate one of their number to negotiate and enter into such contracts for services with
third parties as are appropriate to cause the anticipated repair and maintenance to be
accomplished. The cost for such services shall then be paid from the sums deposited into the
road maintenance fund by the parties hereto.
In the event that the representatives of the Homeowners Associations are unable to
reach unanimous agreement with respect to items of repair and maintenance and allocations
therefor, the Harmony Lane road maintenance allocation for each lot within each subdivision
party hereto shall remain the same as said allocation for the preceding year and the amount
due from each party hereto shall be the same as in the preceding year.
Allocations for emergency or extraordinary repair and maintenance to Harmony Lane
shall be made in accordance with the terms of this Agreement and the Homeowners
Associations party hereto shall have the authority to contract and pay for such emergency or
extraordinary repair and maintenance to Harmony Lane by following the same procedures as
those set forth herein for routine repair and maintenance.
Road Maintenance Agreement
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4. Term of Agreement. The initial term of this Agreement shall be for a period of ten
(10) years, and shall thereafter automatically renew for successive five (5) year periods; provided,
however, that this Agreement shall terminate automatically upon the earlier of (i) the acceptance of
the responsibility for repair and maintenance of Harmony Lane by any state, county, municipal, or
quasi -municipal (such as a road maintenance district) entity, or (ii) the anniversary date of this
Agreement in the year 2051..
5. Additional Users of Harmony Lane. The parties recognize and agree that as of the
date hereof there are other users of Harmony Lane who are not parties to this Agreement, and further
recognize that there are other lands susceptible of development that may use Harmony Lane as access
(hereinafter collectively referred to as "Additional Users of Harmony Lane"). The parties hereby
agree that this Agreement may be amended without their further consent by the addition of Additional
Users of Harmony Lane so long as such Additional Users of Harmony Lane agree to pay their
proportionate share of the repair and maintenance costs of Harmony Lane allocated in accordance
with the concepts established by this Agreement, and provided further, that such Additional Users
of Harmony Lane execute and deliver to the parties hereto a memorandum indicating their agreement
and the necessary changes in the number of users of the various sections of Harmony Lane and the
resultant changes in allocation of costs.
6. Miscellaneous.
a. GoverningLcrw and Venue. This Agreement shall be governed by, interpreted
under, construed and enforced in accordance with the laws of the State of Colorado. The
parties agree that any action to enforce any provision of this Agreement shall be brought in
the District Court in and for Garfield County, Colorado, and that such court shall be the
exclusive venue within Colorado for any such action.
b. Entire Agreement. This Agreement contains the entire understanding between
the parties with respect to the subject matter hereof and supersedes any prior understandings
and agreements between them with respect thereto.
c. Recovery of Attorney Fees. In the event suit is brought to enforce or interpret
any part of this Agreement, the prevailing party shall be entitled to recover, as an element of
its costs of suit and not as damages, reasonable attorney fees as determined by the Court:
d. Titles and Captions. The headings used in this Agreement are for purposes
of convenience only and shall not be used in interpreting this Agreement.
e. Signatures in Counterparts. This Agreement may be executed in one or more
counterparts, all of which shall constitute a single agreement and each of which shall be an
Road Maintenance Agreement
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original for all purposes. It is agreed and understood that the signatures of the parties an a
copy hereof transmitted by facsimile shall be sufficient as if an original signature.
f. Severability. If any term or provision of this Agreement is held to be invalid,
unenforceable or illegal for any reason whatsoever, such provision shall be severed from this
Agreement and shall not affect the validity of the remainder of this Agreement.
IN WIJNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
6/6/96 Draft
HARMONY VIEW HOMEOWNERS ASSOCIATION
President
PINION GROVE HOMEOWNERS ASSOCIATION
By
JOSEPH'S MEADOWS
HOMEOWNERS ASSOCIATION
By
President
President
LEVITT SUBDIVISION
HOMEOWNERS ASSOCIATION
By
President
Road Maintenance Agreernenr
Page 5
4J 01)
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LARRY GREEN
-i- LEYITT
original for all purposes. It is agreed and understood that the signatures of the parties on a
copy hereof transmitted by facsimile shall be sufficient as if an original signature.
f. Severability_ If any term or provision of this Agreement is held to be invalid,
unenforceable or illegal for any reason whatsoever, such provision shall be severed from this
Agreement and shall not affect the validity of the remainder of this Agreement.
IN W7NESS WHEREOF, the parties hereto have executed this Agreement 'as of the day and
year first above written.
HARMONY VIEW HOMEOWNERS ASSOCIATION
By
President
PINION GROVE HOMEOWNERS ASSOCIATION
By
JOSEPH'S MEADOWS
HOMEOWNERS ASSOCIATION
President
LEVITT SUBDIVISION
HOMEOWNERS ASSOCIATION
By_
Road Maintenance Agreement
6/6!96 Draft Pap 5
President
_06;06/9d 18:39 TY970 b45 9769 LARRY GREEN
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original for aII purposes. It is agreed and understood that the signatures of the parties on a
copy hereof transmitted by facsimile shall be sufficient as if an original signature.
f. Sev+errrbiliry. limy term or provision of this Agreement is held to be invalid,
unenforceable or illegal for any reason whatsoever, such provision shall be severed from this
Agreement and shall not affect the validity of the remainder of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
6/6/96 Draft
HAR , ONY Ai OMEOWNERS ASSOCIATION
limannow.
ByAiltEi"%`-7,14-4*
PINI
N GROV
President
OMEOWNERS ASSOCIATION
JOSEPH'S MEADOWS
HOMEOWNERS ASSOCIATION
By
President
President
LEVITT SUBDIVISION
HOMEOWNERS ASSOCIATION
By / a-)Ze./i:ZV
Roved Maint ms= Agr cmant
Page 5
President
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